TÜRK DELEGASYONU ÜYELERİNİN GENEL KURUL TOPLANTILARINDA YAPTIĞI KONUŞMALAR

AVRUPA KONSEYİ PARLAMENTER MECLİSİ

SONBAHAR GENEL KURUL TOPLANTISI

3-7 EKİM 2005, STRAZBURG

TÜRK DELEGASYONU ÜYELERİNİN YAPMIŞ OLDUĞU KONUŞMALAR

Co-development policy as a positive measure to regulate migratory flows

Mr ÖZAL (Turkey). – Mr President and dear colleagues, I should first like to thank the rapporteur for his valuable and comprehensive report on this complex issue. Step by step, migration has become a top priority not only in Europe, but across the world. Today, more than 185 million people – approximately 3% of the world’s population – live outside their country of birth. Considering the sophisticated repercussions of migratory movements, this comparatively small percentage of the world’s population is indeed of great importance.

An important characteristic of migration is that it creates increasingly diverse societies and necessitates comprehensive, multidimensional policies. Regardless of how well prepared to receive migrants any society may think itself, it must be much better prepared in the years ahead, because immigration levels will continue to increase.

Europe is historically an important destination for migratory flows. Statistics produced by the Organisation for Economic Co-operation and Development show that nearly 22 million foreigners are now living in EU member countries. This number represents 5.2% of the total EU population. Migratory movements within and towards Europe give rise to important challenges in respect of demography, social cohesion, human rights, security and economic development. Meanwhile, we should also not forget that all these challenging issues are closely interlinked.

Migration has the potential to make a significant contribution to development. However, co-ordination and co-operation between host and source countries is required in order to establish the most appropriate and effective policies, so that migration’s positive impacts can be increased for all concerned. As the report rightly states, co-development policy emerged from the need to find appropriate ways and means for migrants to become active in the developing and strengthening of co-operation between countries of origin and host countries.

An important issue in terms of migration and development is remittances, which represent a major contribution to the development needs of countries of origin. Although I support the arguments outlined in the report, I draw the Assembly’s attention to the fact that remittances are private funds that should not hinder foreign direct investment or other monetary commitments. In general, the effects of remittances on development vary, and closely depend on general migration policy.

Another vital point to consider in the successful development of home countries and host countries is that partnerships between countries of origin and countries of destination should be based on the principle of shared responsibility. Here, regional and international organisations have an important role to play. In terms of data and information sharing on migration and development matters, there is a vital need for partnerships between international organisations and governments. It is also important to have comprehensive and accurate data on, for example, remittance flows and diaspora participation in development-related activities. Such partnerships are essential in order to support governments’ efforts to develop and implement effective policies that strengthen the linkages between migration and development.

These issues are not new for Europe, but they are proving difficult. Although bilateral co-operation between countries of origin and countries of destination is essential, it is not enough. Given this issue’s complexity, the Council of Europe is the best platform through which to formulate comprehensive policies on co-development and migration management in general. I hope that this report will serve that aim.

Education and religion

Mr COŞKUNOĞLU (Turkey). – I congratulate the rapporteur on undertaking a report on such a dangerous and explosive subject.

Religion is a noble yet dangerous concept, as we have observed throughout history and from the comments of previous speakers. The report articulates the noble aspects of the rapporteur’s undertaking, but let me point out a couple of the dangers. The report states that a good general knowledge of religions is essential to exercise democratic citizenship. We cannot disagree with that, but I add a note of caution on the matter of causality. To have a democratic and more tolerant society, a general knowledge of religion is not a prerequisite.

Let us consider the history of religion. Christianity went through the dark ages. It did not change as a result of a general knowledge about religion, but because of a renaissance and the commitment to rigorous and critical thinking. The same is true for Turkey. It is often said to be the only secular Muslim country, but we did not get to that state because of a general knowledge about religion. I am concerned that the cause and effect could be misunderstood.

Peer pressure is another danger. During the Reagan era in the United States, an innocent and ostensibly noble proposal was made on voluntary prayer. Its society rejected that, however, because if a student were to stand up and pray, others would be subject to peer pressure to join in. So peer pressure is important.

We know that crusades and Jihads have ostensibly noble purposes and intentions, but we also know the results of them. However, we also know that art, architecture, music and poetry have been inspired by religions through the ages. Many things of beauty have been produced in the name of religion, but without religion there would still be art, beauty and goodness, and mankind would still find reasons to go to war. However, it remains the case that the best societies are secular societies. Given that some people’s religious certainties put everyone in danger, governments should be careful to ensure that religion is low key.

The idea in the report is noble and good, but it is dangerous to insist that religion is taught in our classrooms.

Mr ÖZAL (Turkey). – I thank the rapporteur, Mr Schneider, for his excellent report. If implemented, the recommendations will definitely ease some of the problems that our societies face today.

Every parliamentarian in the Assembly knows that the world has undergone unprecedented transformation in recent years. There has been a rapid increase in cross-border social, cultural, technological and economical exchange as part of globalisation. That has inevitably created social problems such as illegal immigration, xenophobia, racism, intolerance, religious and ethnic fanaticism, and prejudices against believers in certain religions.

I agree with the rapporteur that knowledge of religions is an integral part of knowledge of the history of mankind and civilisations. A good general knowledge of religions is essential to a sense of tolerance in society, and the exercise of democratic citizenship. I also believe that all individuals, but especially politicians like us, have a responsibility to confront serious issues that constitute a threat to our societies. Therefore, as the report makes clear, we must know each other well to understand each other’s motives. Learning about each other’s religions through education can be a good start for the creation of a cultural atmosphere that encourages us to understand each other.

At this point, however, a new question emerges. How can we ensure that the study of religions becomes part of the general school curriculum, and what criteria should we set for the teaching of religion in our schools? That is a difficult task. The report examines different systems of religious education in Council of Europe member states. Education remains a responsibility of individual member states, and education systems differ enormously under the influence of national traditions and local circumstances. It is difficult to create an identical system of religious education in all member states, but we can set some basic criteria that may be adopted by all of them.

In my view, a basic educational curriculum in all Council of Europe member states should include objective factual information about the history of the main religions, and, as the report suggests, should “provide young people with educational tools … in approaching supporters of a fanatical religious practice.” While foreseeing the inclusion of fair and unbiased information on religious education, we should also take the necessary steps to give adequate training to our teachers. I support the idea of creating a specific training centre for them.

Let me again thank Mr Schneider for his excellent work, and encourage our Assembly to do as the report suggests and enable governments to “do more to guarantee freedom of conscience and religious expression, to foster education on religions.”

 

OECD and the world economy – enlarged debate

Mr ÖZAL (Turkey). – I warmly congratulate our colleague, Mr Vrettos, on his excellent report, which examines trends in the world economy. This Assembly brings together members and non-members of the OECD from Europe as well as observers from other countries. They can all draw conclusions from the report and benefit from it. The report and this debate are very important.

The divergence of economic performances, global saving imbalances and volatile oil prices should be forces of concern and therefore subject to good analysis and collaborative action by all economies. Oil prices have soared considerably recently. Even though they have not had a dramatic impact on the world economy so far, the current high prices and the increased uncertainty surrounding the evolution of energy prices pose an important threat to the world economy in the forthcoming period. Each year, oil production and the quantity transported from producer to consumer exceed that of the year before. The world economy depends more and more on oil.

Moreover, there is serious concern about the security of oil production and international sea lanes and pipelines and about the lack of sufficient investment in the energy sector. As a result, no one can today make reliable predictions about oil prices. I therefore agree with the report that it is of the utmost importance that we ensure the stability of the oil supply as well as the efficient use of oil and other scarce energy resources.

Despite the fact that some OECD countries have performed well in recent years, some are lagging behind. Although it is hard to find a common denominator for the good performers, there are broad lines from which we can draw some conclusions. It seems that countries better adapted to information and communication technologies and countries with more flexible labour and product markets did better than others. A good analysis of the interaction of these factors will lead us to make better policy decisions that will serve to reach more desirable outcomes. We look forward to more work from the OECD on this issue.

Enlargement of the OECD should strengthen it by increasing its capacity to fulfil its mandate and develop its global influence. To that end, the organisation should take a selective approach to the choice of new members. However, at this point, one criterion becomes more and more important – the adherence to democracy and basic human rights values. I strongly believe that all OECD candidate countries should be primarily those that adopt and respect such values.

Finally, I wish to underline another important point. Although it is our duty to applaud the resumption of strong and healthy economic growth in large parts of the OECD, it is also our duty to urge caution if much of that growth is likely to be gained largely at a cost to our environment. We should be careful about our environment and not forget that we all owe our children a better and liveable world.

Forced marriages and child marriages

Mr GÜLÇIÇEK (Turkey) said forced and child marriages prevented women from working. They often occurred at an early age and involved violence. It was important to conduct research in Turkey because, as in other countries, forced marriages were contracted there for religious reasons. Forced marriages curtailed human rights and also were a form of violence against women.

The legal age for marriage was 18, as set out in various international conventions. Turkish legislation had developed significantly: new family law provisions had come into force and criminal law was often reviewed to ensure it was up-to-date. A new law allowed prosecutions for violence to proceed without witnesses.

Measures were required to ensure girls were not prevented from attending school because of forced marriages. Education campaigns were necessary. Forced marriages undermined society as a whole and should be prevented.

The Council of Europe and the European neighbourhood policy of the European Union

Mr AÇIKGÖZ (Turkey). – Mr President, dear colleagues, I thank Mr Van den Brande for his important study. The European Union, with its current and future members, is a global player and contributes to sustainability and security not only in Europe but throughout the world. On the other hand, no one can deny or neglect the role of the Council of Europe as a pan-European organisation in strengthening democracy, cohesion and stability in the continent. Ensuring close co-ordination and co‑operation between the two is essential. At the 3rd Summit of the Council of Europe in Warsaw, European leaders reiterated the importance of the issue.

By launching the European neighbourhood policy, the European Union aimed to improve relations with its neighbouring countries on the basis of shared principles. The policy, which is in the interests of both sides, would result in a ring of friends surrounding the Union with stability and prosperity.

As stated in the report, democracy, the rule of law and the protection of human rights are sine qua non conditions for stability. The European neighbourhood policy, while supporting neighbouring countries with special assistance programmes, economic privileges and so on, should also use the experience and the tools of the Council of Europe.

In view of the importance of good relationships for the future of our continent, let me highlight some strategic and sensitive issues in the framework. Based on current principles and goals, the Council of Europe and the European Union should work in enhanced complementarity and co-ordination. In that context, it was decided at the 3rd Summit of the European leaders to draft a memorandum of understanding between the two organisations through which a new and stronger framework of co‑operation and political dialogue will be formed. It will also pave the way for us to use scarce resources more effectively, by preventing duplications. The contribution of the Council of Europe to the ENP will also be structured in that way.

Another important aspect is that the neighbouring countries of the EU have different conditions and characteristics. Although it is certain that the EU will approach them on the same principles, the practical needs and strategies will be different. A balanced approach of the EU is vital for the Council of Europe because the main aim is to prevent the formation of new dividing lines.

Finally, I want to focus on the possible role of the Council of Europe in the ENP, as recommended in the report. I sincerely support the ideas in the recommendations. However, I draw the Assembly’s attention to the proposed role of the Council of Europe when it comes to non-member countries, through bodies such as the Venice Commission and the Congress. Although the increased role of the Council of Europe is important and useful, at least for the sake of being able to solve many important common problems, such as immigration, terrorism and smuggling, its budgetary restraints should be taken into account.

It is evident that there is a need to institute a new and comprehensive approach to co-operation and complementarity between the Council of Europe and the EU. That will strengthen and promote our common values and goals while positively reflecting the peace and stability in our continent.

Accelerated asylum procedures in Council of Europe of Europe member states

Mr ÇAVUŞOĞLU (Turkey). – Thank you, Mr President. The concept of accelerated asylum procedures is not simple. It covers a variety of cases and procedures. In the preparation of the report, the rapporteur relied on the questionnaires completed by the United Nations High Commissioner for Refugees branch offices in 11 countries in Europe. The study does not cover all member states, but it allows us to extract some of the main issues related to the subject. I thank the UNHCR branch offices for the detailed information that they provided.

In order to understand the current situation in Europe better, the rapporteur visited Brussels to meet the representatives of the UNHCR, and also a member of the European Commission. That was particularly useful, as it allowed him to discuss the approach of the European Union, and the proposal for a Council directive on minimum standards for procedures in member states for granting and withdrawing refugee status.

Last week in Strasbourg, the European Parliament debated the Council directive and expressed a number of reservations, many of which are reflected in the draft resolution and recommendation presented here today.

The issue that has to be faced in member states is the increasing use of accelerated asylum procedures to deal with asylum seekers. There is a real concern that emphasis is being given to speed rather than fairness, which increases the likelihood of referrals and raises a number of issues concerning refugees and human rights.

There is also a concern that the large number of different procedures being applied by the member states of the Council of Europe increases the risk of European procedures becoming a lottery for asylum seekers, both in relation to the level of protection and to the likelihood that recognition may depend on which procedure is applied, and on the country in which asylum is sought.

Of particular concern are certain practices such as the use of the concept of “safe country of origin”. No country can be safe for all persons, and an applicant must have the opportunity to rebut the presumption of safety. Concerns have also been raised about the use of the concept of the safe third country, including the concept of “super-safe” third countries. In the TI case against the United Kingdom, The European Court of Human Rights has made it clear that the application of the concept of a safe third country does not release a country from its duty under article 3 of the Convention to ensure that no person is subject to inhuman or degrading treatment or punishment.

The way in which border applicants are treated is also of concern. A person seeking asylum at the border should not be treated less favourably than someone applying from within the country. Concern is also expressed about the limits on the rights of appeal and the lack of suspensive effect of certain appeals. In view of the low quality of many decisions in the first instance, it is particularly important to guarantee the right of appeal.

This should have a positive effect in allowing the applicant to stay in the country until the appeal is heard.

A number of safeguards are highlighted and they are of primary importance. Vulnerable groups, such as children and victims of violence, including sexual violence, should be excluded from the accelerated procedures. Other cases are not suitable to be handled under the accelerated procedures, and that includes those applicants who represent a danger to national security or to public order, or where consideration is given to the application of the exclusion clauses under 1F of the refugee convention. There should be the right to an individual determination and interview, together with free legal aid at the first instance and throughout the appeal process. Independent organisations should be allowed to monitor detention. There should be full training for officials who deal with asylum seekers. Member states should be invited to take steps in those directions so that they improve safeguards.

The Council of Europe has a role in promoting best practice rather than, as one non-governmental organisation put it, collecting together our worst practice and using a standard that reflects the lowest common denominator. The Committee of Ministers should be called on to develop guidelines on best practice, in particular for the use of the concept of a safe country of origin, the use of the concept of the safe third country, the use of procedures adopted for dealing with asylum seekers at border points, and the rights of appeal, including the suspensive effect of appeals.

The Council of Europe’s experience of monitoring its countries should be used to a greater extent in determining refugee status. It should be increasingly involved in training staff who deal with asylum seekers and should develop further materials to assist in dealing with refugee status determination procedures. We need to recognise the procedures that are applied in the country where asylum is sought. Of particular concern are certain practices, such as the use of the concept of the safe country of origin.

The draft resolution recognises that states need a system in place to process asylum claims rapidly and efficiently. However, that needs to be balanced by the obligation to provide access to a fair determination procedure, complete with adequate safeguards. However, a balance should not mean a compromise, and it is with that in mind that the committee has put forward a draft resolution and recommendation for approval